republic of kenya of suppliers for supply and delivery of branded merchandise nock/prc/03(1495)...

PREQUALIFICATION OF SUPPLIERS FOR

SUPPLY AND DELIVERY OF BRANDED

MERCHANDISE

NOCK/PRC/03(1495) 2018-2019

NATIONAL OIL CORPORATION OF KENYA

KAWI HOUSE, SOUTH C

RED CROSS ROAD, OFF POPO ROAD

P.O. BOX 58567 – 00200

NAIROBI

Email: [email protected]

JANUARY, 2019

Tender Closing Date & Time: FEBRUARY 7th, 2019 at 1000hrs (East

African Time)

NATIONAL OIL CORPORATION OF KENYA

mailto:[email protected]

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SECTION I - INVITATION FOR PREQUALIFICATION (IFQ)

Tender No. NOCK/PRC/03 (1495) 2018-2019

Tender Name: Prequalification of Suppliers for Supply and delivery of branded

merchandise – FY 2018-2019 AND 2019-2020

1. National Oil Corporation (National Oil) hereinafter referred as “Procuring

entity” intends to register candidates for the following : Prequalification of

Suppliers for Supply and delivery of branded merchandise

2. Prequalification is open to entities who meet the required mandatory and

technical threshold provided in this tender document for Prequalification of

Suppliers for Supply and delivery of branded merchandise

3. Interested candidates may view/obtain/download the prequalification

documents at www.nationaloil.co.ke

Procurement Department

National Oil Corporation – Kawi House, South C,

Red Cross Road off Popo Road

P.O Box 58567 – 00200

NAIROBI

Email: [email protected]

during normal working hours (Monday to Friday 0800hrs to 1700hrs East

African Time).

4. The complete Prequalification document is downloaded from the National Oil

Corporation website www.nationaloil.co.ke free of charge. Bidders who

download the Prequalification document from the website MUST register the

names and contact details of their firms on the email [email protected]

for record and any further clarifications and addenda.

5. The following documents are mandatory and must accompany the submission

as they will form the preliminary evaluation where non-submission of any of

the documents will lead to disqualification from the process.

Copy of Certificate of Incorporation or Registration

Copy of valid Tax Compliance Certificate

Duly Filled Signed and Stamped Supplier Prequalification

Questionnaire

http://www.nationaloil.co.ke/


http://www.nationaloil.co.ke/


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Copy of Registration Certificate for either a youth, women or persons

with disability owned enterprise by the National Treasury pursuant to

the Public Procurement & Disposal (Preference & Reservations)

Regulations, 2013.

Duly Filled, Signed and Stamped signed Bidder’s Declaration and

Integrity Pact

Copy of CR12 Form from the Registrar of Companies on the

Registrar’s letterhead

Properly bound (Spiral or perfect cover, hard cover or case bound),

paginated, serialized tender document (each page of the tender

submission must have a number and the numbers must be in

chronological order).

6. Applications for Prequalification must be submitted enclosed in plain sealed

envelopes marked with “PREQUALIFICATION OF SUPPLIERS FOR

SUPPLY AND DELIVERY OF BRANDED MERCHANDISE, Ref. No.

NOCK/PRC/03(1495) 2018-2019 – DO NOT OPEN BEFORE 7TH

FEBRUARY 2019 AT 1000HRS (EAST AFRICA TIME)”.

Addressed to:

The Chief Executive Officer

National Oil Corporation of Kenya

Kawi House, South C

Red Cross Road, Off Popo Road,

P.O. Box 58567-00200 Nairobi

And be deposited in the tender box

provided at:

The Reception, on Ground Floor

National Oil Corporation of

Kenya

Kawi house, South C

Red Cross road, Off Popo road

P.O. Box 58567-00200

NAIROBI

So as to be received on or before FEBRUARY 7th, 2019 Time: 1000hrs East

Africa Time

7. All candidates whose applications will have been received before the closing

date and time will be advised in due course, of the results of their applications.

Only candidates successful under this Prequalification process will be invited

to tender.

CHIEF EXECUTIVE OFFICER

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SECTION II - INSTRUCTIONS TO CANDIDATES

Table of Contents

Page

2.1 Scope of tender …………………………………….. 3

2.2 Submission of Applications ……………………………. 3

2.3 Eligible candidates ……………………………………. 6

2.4 Qualification criteria …………………………………….. 6

2.5 Joint venture …………………………………………….. 7

2.6 Pubic sector companies ………………………………. 7

2.7 Conflict of interest ………………………………………. 7

2.8 Updating prequalification information ……………….. 8

2.9 Preferences

2.10 General

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SECTION II - INSTRUCTIONS TO CANDIDATES

2.1 Scope of Tender

2.1.1 National Oil hereinafter referred to as the procuring entity intends to register

service providers for Supply and delivery of branded merchandise. It is expected

that the Prequalification applications will be submitted to be received by the

procuring entity not later than February 7th, 2019 at 1000hrs East African

Time.

The scope of services includes Provision of branded Merchandise to National Oil

Corporation as and when the need arises.

2.1.2 Prequalification is open to eligible firms and voluntarily formed joint ventures as

indicated in appendix to instructions to candidates.

2.1.3 General information on the climate, hydrology, topography, access to site,

transportation and communications facilities, medical facilities, project layout,

expected construction period, facilities, services provided by the procuring entity

and (other relevant date) are as specified in the appendix to instructions to

candidates. The contract will be a unit price/lump sum/turnkey contract. The

tender documents will be for Supply and delivery of branded merchandise.

2.2 Submission of Application

Applications for Prequalification shall be submitted in sealed envelopes marked

with the tender name and reference number and deposited in the tender box at:

The Reception, Ground floor


Kawi House, South C

Red Cross road, Off Popo road

P.O. Box 58567-00200

NAIROBI

be addressed to:

The Chief Executive Officer


Kawi House, South C

Red Cross Road, Off Popo Road,

P.O. Box 58567-00200 Nairobi so as to be received on or before February 7th , 2019 at 1000hrs East African

Time.

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The procuring entity reserves the right to accept or reject late applications.

2.2.1 The name and mailing address of the applicant may be marked on the envelope.

2.2.2 All the information requested for pre qualification shall be provided in the English

language. Where information is provided in any other language, it shall be

accompanied by a translation of its pertinent parts into English language. The

translation will govern and will be used for interpreting the information.

2.2.3 Failure to provide information that is essential for effective evaluation of the

applicant’s qualifications or to provide timely clarification or sub substantiation of

the information supplied may result in the applicant’s disqualification.

2.2.4 A consultations and clarifications meeting will be held at (place, date and time) at

which applicants may request clarifications of the prequalification document.

Attendance of this meeting will be voluntary

2.3 Eligible Candidates

2.3.1 This invitation for pre-qualification is open to all candidates who are eligible as

defined in Kenya’s Public Procurement Law and regulations and as indicated in

the appendix to instructions to candidates.

2.3.2 The procuring entity’s employees, committee members, board members and their

relative (spouse and children) are not eligible to participate in the tender unless

where specially allowed under section 131 of the Act.

2.3.3 All terms found capable of performing the contract satisfactorily in accordance to

the set prequalification criteria shall be prequalified.

2.4 Qualification Criteria

2.4.1 Pre-qualification will be based on meeting the minimum requirements to pass in

the criteria set as shown below. The declaration will be either pass or fail

regarding the applicant’s general and particular experience, personnel and

equipment capabilities and financial position as demonstrated by the applicant’s

response in the forms provided in Section IV and submitted with the letter of

application. The procuring entity reserves the right to waive minor deviations if

they do not materially affect the capability of an applicant to perform the contract.

2.4.2 When highly specialized inputs (especially for execution of the contact) are

required by the applicant from specialist sub contractors, such subcontractors and

their inputs shall be described in the Standard Form 1 (General Information)

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2.4.3 Litigation history the applicant should provide accurate information on any

litigation or arbitration resulting from contracts completed or under its execution

over the last five years. A consistent history of awards against the applicant or

any partner of a joint venture may result in failure of the application.

2.5 Joint Venture

2.5.1 Joint ventures must comply with the following:-

(a) Following are the minimum qualification requirements.

(i) The lead partner shall meet not less than (not less than ( %)) of all the

qualifying criteria in paras’s 2.4.3 and 2.4.6 above (24)

(b) The formation of a joint venture after pre-qualification and any change in

a prequalified joint venture will be subject to the written approval of the procuring

entity prior to the deadline for submission of bids. Such approval may be denied

if (i) partners withdraw from a joint venture and the remaining partners do not

meet the qualifying requirements (ii) the new partners to a joint venture are not

qualified, individually or as an another joint venture; or (iii) in the opinion of the

procuring entity a substantial reduction in competition may result.

(c) Any future bid shall be signed so as to legally bind all partners, jointly and

severally, and any bid shall be submitted with a copy of the joint venture

agreement providing the joint and several liability with respect to the contract.

2.5.2 The pre-qualification of a joint venture does not necessarily pre qualify any of its

members individually as a member in any other joint venture or association. In

case of dissolution of a joint venture, each one of the constituent firms may

prequalify if it meets all the prequalification requirements, subject to a written

approval of the procuring entity

2.6 Public Sector companies

2.6.1 Any public owned enterprise may be eligible to qualify if, in addition to meeting

all the above requirements, it is also legally and financially autonomous, it

operates under commercial law, and it is not a dependent agency of another public

entity.

2.7. Conflict of Interest

2.7.1 The applicant (including all members of a joint venture) shall not be associated,

nor have been associated in the past, with the consultant or any other entity that

has prepared the design, specifications, and other prequalification and bidding

documents for the project, or with an entity that was proposed as engineer for the

contract. Any such association must be disclosed and may result in the dis-

qualification of the applicant.

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2.8. Updating Pre-qualification Information

2.8.1 Pre qualified candidates shall be required to update the financial information used

for pre qualification at the time of submitting their bids and to confirm their

continued compliance with the qualification criteria. A bid shall be rejected if the

applicant’s qualification thresholds are no longer met at the time of bidding.

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APPENDIX TO INSTRUCTIONS TO CANDIDATES

The following instructions for the pre-qualification of candidates shall supplement,

complement or amend the provisions of the instructions to candidates.

Where there is a conflict between the provisions of the instructions to candidates and the

provisions of the appendix, the provisions of the appendix herein shall prevail over those

of the instructions to the candidates.

Clause Particulars of appendix to instructions to tenderers

2.1.2 Eligible

candidates

Prequalification is open national tender open to eligible firms and voluntarily

formed joint ventures registered in Kenya only

2.2.4

Consultations

meeting

The prequalification will not have a consultations and clarifications meeting.

2.3.1

Requirements

for Eligible

candidates

Preliminary evaluation on eligibility.

The tenderer shall provide the following mandatory requirements which shall be

used for the preliminary evaluation (failure to submit the mandatory

requirements will lead to disqualification from the tender process).

Copy of Certificate of Incorporation or Registration

Copy of valid Tax Compliance Certificate

Duly filled, signed and Stamped Supplier Prequalification Questionnaire

Copy of Registration Certificate for either a youth, women or persons with

disability owned enterprise by the National Treasury pursuant to the Public

Procurement & Disposal (Preference & Reservations) Regulations, 2013.

Duly filled, Signed and Stamped signed Bidder’s Declaration and Integrity

Pact

Copy of CR12 Form from the Registrar of Companies on the Registrar’s

letterhead

Properly bound (Spiral or perfect cover, hard cover or case bound),

paginated, serialized tender document (each page of the tender submission

must have a number and the numbers must be in chronological order).

2.4 TECHICAL EVALUATION

# Requirement Supporting

Documents Score/marks

Maximum

marks

1. Bidder MUST

provide an

A detailed company

profile 3 6

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organization

structure

showing their

capacity and

experience in

the same field.

An organization

structure 3

2.

Number of

year’s firm has

been engaged in

Branding and

printing.

(minimum 5

years)

List showing clients

worked for including

contact persons of those

clients in last 5 years.

5 5

( Each year

carries 1 point)

3.

Technical

capacity and

resources

available for the

assignment

(creative and

design

equipment,

machines, tools

and equipments

)

List of tools and

equipments owned

(National Oil shall

randomly conduct

ownership checks

during due diligence

stage)

5

5

4.

Proof of past

experience in

similar

assignments (at

least five) in

Kenya, two of

which must in a

government

entity and three

from Oil and

Gas sector with

value contracts

of at least Ksh.

12 million. The

bidder must

submit letters of

reference from

six corporate

Bidder’s LPO /

Contract extract

indicating work value

done in the past 5 years.

NB .Reference checks

shall be randomly

conducted by National

Oil

64

Each oil and gas sector

reference 8

Each oil and gas

contract with a value

exceeding kshs 12

million 5

Each public sector

reference 6

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clients which

should include

summary of

services

rendered and

contact person’s

address and

telephone

numbers

Each public sector

reference contract with

a value exceeding kshs

12 million 4

Bidders MUST provide

a reference letter from

each client reference

provided 5

5.

Proof of

sufficient

workforce. The

bidder must

provide a

summary of the

human

resources for

the project

indicating their

respective role,

qualifications

and previous

experience.

Each must have

a minimum of a

diploma/degree

in their

respective field

and a minimum

of 4 years each.

A summary

(tabulation) of

human

resources

available for the

tasks clearly

showing

qualifications,

years of

experience and

their role in this

assignment.

This MUST

also be

supported by

respective

20

· Graphic designer

(GD) 5

· Production Manager

(PM) 5

· Account/Relationship

Manager (AM) 5

· Quality Assurance

Manager (QAM) 5

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detailed CVs

which must be

signed by the

bidders

CEO/MD and

copies of

academic

certificates

TOTAL 100

To be considered technically responsive the tenderers must score a minimum

of 75 marks of the total 100 points summarized above.

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1 TENDER SUBMISSION FORM

To: Chief Executive Officer

National Oil Corporation – Kawi House, South C,

Red Cross Road off Popo Road

P.O Box 58567 – 00200, NAIROBI

Dear Madam,

We, the undersigned, offer to supply the required services in accordance with your tender

for Pre-qualification of suppliers for Prequalification of Suppliers – for Supply and

delivery of branded merchandise and hereby submit our Tender Document.

Our tender is binding to us and if found acceptable we shall be pleased to be included in

the list of the pre-qualified firms.

We understand you are not bound to accept either in part or whole any tender you

receive.

We remain

Yours sincerely,

Authorised Signature …………………………………………………………

Name of Signatory …………………………………………………………

Title of Signatory …………………………………………………………

Name of Tenderer ………………………………………………………….

Address …………………………………………………………

………………………………………………………….

………………………………………………………….

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2 LETTER OF APPLICATION

Date ……………………………

To …………………………………

……………………………….

(name and address of the procuring entity)

Ladies and/or Gentlemen

1. Being duly authorized to represent and act on behalf of

………………………………………………………. (name of firm) (hereinafter

referred to as “the Applicant”), and having reviewed and fully understood all of

the pre qualification information provided, the undersigned hereby apply to be

prequalified by yourselves for Prequalification of Suppliers –Supply and delivery

of branded merchandise.

Ref No. Tender name

NOCK/PRC/03(1495)

2018-2019

Prequalification of suppliers for supply and delivery of

branded merchandise.

2. Attached to this letter are copies of original documents defining

(a) the Applicant’s legal status

(b) the principal place of business and

(c) the place of incorporation (for applicants who are corporations), or the

place of registration and the nationality of the owners (for applicants who

are partnerships or individually-owned firms).

3. Your Agency and its authorized representatives are hereby authorized to conduct

any inquiries or investigations to verify the statements, documents, and

information submitted in connection with this application, and to seek

clarification from our bankers and clients regarding any financial and technical

aspects. This letter of Application will also serve as authorization to any

individual or authorized representative of any institution referred to in the

supporting information, to provide such information deemed necessary and as

requested by yourselves to verify statements and information provided in this

application, such as the resources, experience, and competence of the Applicant.

4. Your Agency and its authorized representatives may contact the following

persons for further information.

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General and managerial inquiries

Contract 1:

Telephone 1:

Contract 2:

Telephone 2:

Personnel inquiries

Contract 1:

Telephone 1:

Contract 2:

Telephone 2:

Technical inquiries

Contract 1:

Telephone 1:

Contract 2:

Telephone 2:

Financial inquiries

Contract 1:

Telephone 1:

Contract 2:

Telephone 2:

5. This application is made with the full understanding that:

a) bids by prequalified applicants will be subject to verification of all

information submitted for prequalification at the time of bidding.

b) Your Agency reserves the right to:

amend the scope and value of any contracts bid under this project; in

such event, bids will only be called from prequalified bidders who

meet the revised requirements; and

reject or accept any application, cancel the prequalification process,

and reject all applications.

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c) your Agency shall not be liable for any such actions and shall be under no

obligation to inform the Applicant of the grounds for them

6. Appended to this application, we give details of the participation of each party,

including capital contribution and profit/loss agreements, in the joint venture or

association. We also specify the financial commitment in terms of the percentage

of the value of the <each> contract, and the responsibilities for execution of the

<each> contract.

7. The undersigned declare that the statement made and the information provided in

the duly completed application are complete, true, and correct in every detail.

Signed:

……………………………………………

Signed:

……………………………………………

Name:

Name:

For and on behalf of (name of Applicant or

lead partner of a joint venture):

For and on behalf of (name of partner):

Signed:

……………………………………………

Signed:

…………………………………………….

Name: Name:

For and on behalf (name of Partner)

For and on behalf of (name of partner)

Signed:

……………………………………………

Signed:

…………………………………………….

Name: Name:

For and on behalf (name of Partner)

For and on behalf of (name of partner)

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3 SUPPLIER PRE-QUALIFICATION QUESTIONNAIRE (TO BE COMPLETED

BY THE SUPPLIER)

(A) NAME ……………………………………………………………………..

(B) P.O. BOX …………………POSTAL CODE ………………….TOWN

…………………

(C) PHYSICAL ADDRESS

……………………………………………………..……………..

(D) NAME OF STREET

……………………………………………………………………….

(E) TELEPHONE NUMBERS

………………………………………………………….……..

(F) FAX NUMBERS

………………………………………………………………………….

(G) E-MAIL

…………………………………WEBSITE….………………………………….

(H) CONTACT

PERSON………………………………DESIGNATION…………………….

CERTIFICATE OF REGISTRATION/INCORPORATION

Number:. ………………………………………. DATE……………………..

(ATTACH COPY)

CURRENT TRADE LICENCE NO. …………………… DATE ……………………

(ATTACH COPY)

PIN CERTIFICATE NO. ………………………. DATE ……………………

(ATTACH COPY)

VAT REGISTRATION NO. ………………………. DATE ……………………

(ATTACH COPY)

NAME AND ADDRESS OF BANKERS

…………………………………………………………………………………………

BRANCH…………………………………………………………………………………

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ACCOUNT

NUMBER………………………….…………………………………………….

BANK CODE

……………………………………………………………………………………..

BRANCH CODE ………………………………………………………………………

SORT AND SWIFT CODE ……………………………………………………………..

LEGAL STATUS OF SUPPLIER ………………………………………………………

(Indicate whether Business Name or Sole Proprietorship or Company or Partnership, etc)

PERIOD IN BUSINESS …………………………………………………………………

NATURE OF LEGAL BUSINESS/SPECIALITY

…………………………………………………………………………………

…………………………………………………………………………………

………………………………

NAMES OF DIRECTORS AND SHAREHOLDING (%): -

(1)………………………………………………………………………...…………………

(2) …………………………………………………………………………...……………

(3)……………………………………………………………………...……………………

(4)…………………………………………………………………………...………………

(5)…………………………………………………………………...………………………

ASSOCIATE COMPANIES

(1)……………………………………………………………………………...……………

(2) …………………………………………………………………………...……………..

(3)……………………………………………………………………...……………………

(4)…………………………………………………………………………...………………

(5)…………………………………………………………………...………………………

(6)…………………………………………………...………………………………………

TOTAL NUMBER OF STAFF EMPLOYED………………………

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(1) MANAGERIAL / SUPERVISORY………………….

(2) TECHNICAL ……………………………………..…

(3) SEMI -SKILLED ……………………………………

OTHER ORGANIZATIONS/COMPANIES WHERE YOU CURRENTLY SUPPLY

AND RANGE OF SUPPLY ITEMS (excluding National Oil)

(1)……………………………………………………………………………...……………

(2) …………………………………………………………………………...……………..

(3)……………………………………………………………………...……………………

(4)………………………………………………………………………...…………………

(5)…………………………………………………………………...………………………

(6)…………………………………………………...………………………………………

SPECIFY AND GIVE DESCRIPTIVE DETAILS OF THE

GOODS/WORKS/SERVICES YOU WISH TO SUPPLY

………………………………………………………………………………………………

………………………………………………………………………………………………

VALUE OF BUSINESS YOU CAN HANDLE AT ANY ONE TIME

KSHS……………………………………………………………………..

HAVE YOU PREVIOUSLY BEEN PROVIDING BRANDED MERCHANDISE TO

NATIONAL OIL?

Yes/No: ………………………………….

IF YES, GIVE DETAILS AND INDICATE THREE OF NATIONAL OIL LAST

PURCHASE ORDER NUMBER/ENGAGEMENT AND DATE OF ENGAGEMENT

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

DO YOU HAVE ANY PENDING ORDERS WITH NATIONAL OIL?

………………………………………………………………………………………………

IF YES GIVE DETAILS

………………………………………………………………………………………………

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………………………………………………………………………………………………

HAVE YOU EVER FAILED TO HONOUR ANY NATIONAL OIL PURCHASE

ORDER/ENGAGEMENT OR COMMITTED AN OFFENCE UNDER THE PUBLIC

PROCUREMENT & ASSET DISPOSAL ACT 2015?

IF YES GIVE ORDER DETAILS

……………………………………………………………………………….……………

……………………………………………………………………………….……………

HAVE YOU EVER BEEN DEBARRED FROM PARTICIPATING IN PUBLIC

PROCUREMENT?

……………………………………………………………

DECLARATION

I/We the undersigned state that the above information is correct and that I/We give

National Oil authority to seek any other references concerning my/our company from

whatever sources deemed relevant e.g. Company Registry, Bankers, Kenya Revenue

Authority, etc AND that giving false or misleading information may render my

application null and void

Signed ………………………………………………

Name ………………………………………………

Designation ………………………………………………

For and on behalf of M/s ………………………………………………

Dated this ………………day of …….……………2018

……………………………………………………….

Suppliers/Company's rubber Stamp or Common Seal.

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4 BIDDER’S DECLARATION AND INTEGRITY PACT

Bidder’s Declaration

We/I the undersigned ............................................., in the capacity of

…………………….

……………………… for ……………………………………………… [name of the

company/firm/individual] certify that the bidder is not in any of the following

situations:

1 Bankruptcy; are the subject of proceedings for a declaration of bankruptcy, or of an

order for compulsory winding up or administration by court, or of any other similar

proceedings;

2 Payments to us have been suspended in accordance with the judgment of a court other

than a judgment declaring bankruptcy and resulting, in accordance with our national

laws, in the total or partial loss of the right to administer and dispose off our property;

3 Legal proceedings have been instituted against us involving an order suspending

payments and which may result, in accordance with our national laws, in a declaration

of bankruptcy or in any other situation entailing the total or partial loss of the right to

administer and dispose of our property;

4 Are being wound up, or our affairs are being administered by court, or have entered

into an arrangement with creditors, or have suspended business activities or are

subject to an injunction against running business by a court of law;

5 Have been convicted by a final judgment of any crime or offence concerning our/my

professional conduct;

6 Are guilty of serious misrepresentation with regard to information required for

participation in an invitation to tender or execution of a tender already awarded; and

7 Are in breach of contract on another contract with the Government of Kenya or other

local or international contracting authority or foreign government.

8 Have been convicted of an offence concerning our/my professional conduct by a court

of law, or found guilty of grave professional misconduct;

9 Have not fulfilled obligations relating to payments of taxes or statutory contributions.

If the bidder is in any of the above listed situations, kindly attach documents giving

details of the situation.

Names in full: […………………………………………………………………]

Duly authorized to sign this bid on behalf of (bidder’s name):

[………………………………………………………………………………………]

Place and date: […………………………………………………………….………….]

Stamp of the firm/company:

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Integrity Pact

Bidder’s Oath to fulfill the Integrity Pact

Accepting that transparent business management and fair public administration are key to

social development and national competitiveness, and in an effort to purge corruption and

apply sanctions to corrupt businesses, and in full support of the worthy goals of this

Integrity Pact, concerning the present tender for:

________________________________________, all personnel of

_______________________________________ and its sub-contractors and agents

hereby agree that:

1. We shall not conduct any unethical business practices, such as bid-rigging for the

sake of a particular bidder to win the bid, or price-fixing. If proven as a fact that we

have engaged in bid-rigging for the sake of a particular bidder to win the bid, we shall

accept to be prohibited from submitting bids placed by National Oil Corporation of

Kenya (herein referred to as NATIONAL OIL) for a period of two (2) years. If

proven that we have discussed with other bidders in a bid to fix a price, or rigged a

bid for a particular bidder to win the bid, we shall accept the prohibition from

submitting bids placed by NATIONAL OIL for a period of two (2) years. If any

unethical behaviour is tantamount to a fraudulent practice, we accept that such a case

may be handed over to the authorities for investigation and possible prosecution.

2. In the process of bidding, or concluding or execution of a contract, we shall not offer

any bribe, gifts, entertainment or any other undue benefits directly or indirectly to

related officials, and in case it is proved that we have violated any terms of this

Integrity Pact in relation with a bid, or concluding or execution of a contract, or

offered bribes for favours in a contract, to win a contract, or facilitate payment which

should not have been forthcoming, we shall accept the prohibition from submitting a

bid placed by NATIONAL OIL for a period of two (2) years. If proven as a fact that

we have offered bribes to NATIONAL OIL or related officials for favours regarding a

bid or contract to a bidder or a winning bidder, or for the purpose of faulty execution

of the objectives of a contract, we shall accept the prohibition from submitting bids

placed by NATIONAL OIL for a period of two (2) years. If proven that we have

offered bribes to NATIONAL OIL or related officials in relation to bidding, or

concluding or execution of a contract, we shall accept the prohibition from submitting

bids placed by NATIONAL OIL for a period of two (2) years.

3. In case it is proven that we have offered bribes to a related official or a NATIONAL

OIL official regarding a bid, or concluding or execution of a contract, we shall accept

the cancellation of the contract, and shall not file any civil, administrative or criminal

appeals.

4. We shall make our best effort to institute a Company Code of Conduct that prohibits

bribery, bid rigging/fixing or any other corrupt practices in business relations with

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officials and NATIONAL OIL, and a company regulation that prohibits any

retaliatory acts toward anyone reporting inside corruption.

5. In addition, I confirm on behalf of the bidder that the details included in the

bidders profile and experience sheet and our quotation are correct to the best of my

knowledge and belief. In addition, we authorize, NATIONAL OIL to seek

information from any source to confirm our compliance with the requirements of this

Integrity Pact.

6 The bidder authorizes NATIONAL OIL, to seek information from any

source, including publication of the name of the bidder to confirm that the bidder is

compliant with the requirements of this Integrity Pact.

We shall fulfill this Integrity Pact as a solemn oath made on the basis of mutual trust,

and, if and when we win a bid, we shall sign and fulfill the above as a “Special Condition

of Contract,” and not file any civil, administrative or criminal appeals regarding any of

the above terms.

Dated: _____________________________________________________

Signed by: _____________________________________________________

(Chief Executive/Managing Director)

Full Name printed: _____________________________________________________

Stamp: ___________________________________________________